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(영문) 대구지방법원 2016.05.12 2016고단969
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:10 on November 8, 2015, the Defendant: (a) heard the horses to the effect that he would not stick to a conversation from the victim D (38:38) while holding an Internet club, the Defendant inflicted an injury on the victim by “two open wife and brain finite,” which requires approximately three weeks of treatment on the part of the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a victim's photograph and injury diagnosis report;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.

D. Unfavorable circumstances: The Defendant, who gets off the victim's head due to a fluor's disease, which is a dangerous thing, is likely to pose a serious danger to the Defendant's above actions, and thus, the nature of the crime is not good.

A favorable circumstance: The victim does not want to punish the defendant.

The defendant shows a attitude to reflect his fault.

There is no criminal history related to violence against the accused.

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